Police, State liable for K2.5mil in damages done to villagers

THE Madang National Court last Tuesday ruled that police and the State are liable for K2.5 million in damages to be paid to villagers of Bagabag Island in the Sumkar district.
Justice David Cannings ruled that the damages sought by the villagers were claims of breach of their human rights and property damage they encountered when police raided their village on Christmas Day in 2005.
The court upheld 107 affidavits from the villagers, exposing what police had done in the raid.
Each person will be compensated between K20,200 and K50,000.
Damages include general damages for pain and suffering, special damages, breach of their human rights and exemplary damages.
It is understood police caused damage on the island during the raid in relation to land issues among the villagers. The villagers claimed general damages of K50,000 each.
However, Justice Cannings found insufficient evidence to warrant the claim but ruled that each be paid K10,000 apart from claims of evidence showing property damage.
The defendants contended for the proceedings to be dismissed on meritless grounds, claiming that the case of liability was established in the trial. However, Cannings upheld the villagers’ submission which established the causes of actions of the defendants for breaches of human rights, in particular the right to full protection of the law and right to freedom from arbitrary and entry of their property and premises.